R495-890-4. Procedure Used When a DHS Conflict Investigation Is Necessary for Children

(1) In general, OSR shall be notified whenever a conflict, as defined above, exists.

(2) When a CPS intake worker identifies a potential conflict, the intake worker shall staff the referral with OSR to determine if a conflict exists. OSR shall determine whether there is a conflict, and will notify the CPS Intake Worker of its decision.

(a) If OSR determines that no conflict exists, the case shall be referred back to CPS intake for investigation by DCFS no later than the next business day after OSR's determination.

(b) If a conflict is identified after the initial referral, OSR shall be notified on the next business day after the conflict is identified. If the DCFS or APS worker is responding to an emergency or priority one call, the worker shall complete whatever protective actions are necessary and then staff the conflict with a supervisor. The assigned CPS worker and/or the CPS worker's supervisor shall notify OSR no later than the next business day after the conflict is identified.

(c) Once the accepted case is assigned to OSR, a conflict investigator shall be assigned and all investigation activities from that point forward shall be supervised by OSR.

(3) If the conflict case involves a child in the custody of DCFS it shall be assigned to an independent CPS investigator from the private sector. If there is a lapse in the contract for an independent CPS investigator from the private sector, the case will be assigned to a DHS Conflict Investigator.

(4) DHS Conflict Investigator shall have training that is substantially similar to the training received by CPS workers.

(5) DHS Conflict Investigators have the same rights, duties, and authority to investigate referrals as CPS workers.

(6) The following duties are to remain the duties of CPS Intake: receipt of the referral; research; disposition of the referral; establish priority of the referral; and, establish allegation categories.

(7) A DCFS investigator may act as a secondary worker and assist the DHS Conflict Investigator.

(8) The DHS Conflict Investigator shall determine whether the allegations are supported, unsupported, or without merit,.

(9) If the Executive Director has designated a case as a conflict case, OSR shall assign the case to a (DHS) Conflict Investigator.